VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_13-vv-00615
Package ID: USCOURTS-cofc-1_13-vv-00615
Petitioner: Howard S. Kahn
Filed: 2014-12-01
Decided: 2014-12-23
Vaccine: influenza
Vaccination date: 2011-01-13
Condition: chronic inflammatory demyelinating polyneuropathy (CIDP) and Guillain-Barré syndrome (GBS)
Outcome: compensated
Award amount USD: 130000

AI-assisted case summary:
Howard S. Kahn filed a petition on December 1, 2014, alleging that he suffered from chronic inflammatory demyelinating polyneuropathy (CIDP) and Guillain-Barré syndrome (GBS) as a result of an influenza vaccine he received on January 13, 2011. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Mr. Kahn's conditions or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation agreeing to an award of compensation. Special Master Lisa Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court. Mr. Kahn was awarded a lump sum of $130,000.00 as compensation for all damages available under the National Vaccine Injury Compensation Program. The parties also stipulated to forgo the right to seek review, thereby expediting the entry of judgment. Petitioner was represented by Mark L. Krueger of Krueger & Hernandez, S.C., and respondent was represented by Glenn MacLeod of the United States Department of Justice.

Theory of causation field:
Petitioner Howard S. Kahn alleged that an influenza vaccine administered on January 13, 2011, caused him to suffer from chronic inflammatory demyelinating polyneuropathy (CIDP) and Guillain-Barré syndrome (GBS). The respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Special Master Lisa Hamilton-Fieldman on December 23, 2014. Petitioner received a lump sum award of $130,000.00. The specific theory of causation, medical experts, clinical details, and mechanism of injury were not described in the provided public decision text, as the case was resolved via stipulation. Petitioner counsel was Mark L. Krueger, and respondent counsel was Glenn MacLeod.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_13-vv-00615-0
Date issued/filed: 2014-12-23
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 12/1/2014) regarding 18 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
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Case 1:13-vv-00615-UNJ Document 20 Filed 12/23/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 13-615V
Filed: December 1, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
HOWARD S. KAHN, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine; Guillain-
* Barré Syndrome (“GBS”); Chronic
SECRETARY OF HEALTH * Inflammatory Demyelinating
AND HUMAN SERVICES, * Polyneuropathy (“CIDP”).
*
Respondent. *
* * * * * * * * * * * * * * * *
Mark L. Krueger, Krueger & Hernandez, S.C., Baraboo, WI, for Petitioner.
Glenn MacLeod, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On August 28, 2013, Howard Kahn (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that he suffered from chronic inflammatory demyelinating polyneuropathy (“CIDP”) and
Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”) vaccine administered to him
on January 13, 2011.
On December 1, 2014, the parties filed a stipulation in which they state that a decision
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by
Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:13-vv-00615-UNJ Document 20 Filed 12/23/14 Page 2 of 7
should be entered awarding compensation.
Respondent denies that the flu vaccine caused Petitioner’s GBS and/or CIDP or any other
injury and further denies that his current disabilities are sequelae of a vaccine-related injury.
Nevertheless, the parties agree to the joint stipulation, attached hereto as Appendix A. The
undersigned finds the stipulation reasonable and adopts it as the decision of the Court in
awarding damages, on the terms set forth therein.
The parties stipulate that Petitioner shall receive the following compensation:
A lump sum of $130,000.00, in the form of a check payable to Petitioner, Howard S.
Kahn. This amount represents compensation for all damages that would be
available under 42 U.S.C. § 300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

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